QUALITY WATER SUPPLY v. WILMINGTON

No. 895SC413.

388 S.E.2d 608 (1990)

QUALITY WATER SUPPLY, INC., and Cape Fear Utilities, Inc. v. CITY OF WILMINGTON and Landfall Associates.

Court of Appeals of North Carolina.

February 20, 1990.


Attorney(s) appearing for the Case

Shipman and Lea by Gary K. Shipman, Wilmington, for plaintiffs-appellants.

City Atty. Thomas C. Pollard and Asst. City Atty. Robert W. Oast, Jr., Wilmington, for defendant-appellee City of Wilmington.

Manning, Fulton and Skinner by John B. McMillan, Raleigh, for intervenor defendant Landfall Associates.


BECTON, Judge.

In this action for injunctive relief, plaintiffs, Quality Water Supply, Inc., and Cape Fear Utilities, Inc., seek to enjoin defendant, the City of Wilmington, from providing water service to the Landfall Subdivision, a development of some 2,200 acres located in New Hanover County. Landfall Associates, the developers, intervened as a party defendant. In March 1986, plaintiffs' motion for a preliminary injunction was denied, and a temporary restraining...

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